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Council on Law Enforcement Education & Training
2011 Legislative Update
Prepared by J.H.B. Wilson, J.D.
June 10, 2011
Legal update 2010. Please keep in mind that this document is, by necessity, a summary. If we were
to copy all the new laws, this document would run to several thousand pages. Even a detailed
summary of every provision would be hundreds of pages long, and that is simply not feasible. You
are encouraged to read the complete laws, available at www.oscn.net. Click on ‘legal research’ and
then click on ‘Oklahoma Statutes Citationized’. You can get a complete history of each bill at the
Oklahoma Legislature’s website: http://webserver1.lsb.state.ok.us/WebBillStatus/main.html.
TITLE 21
CRIMES AND PUNISHMENTS
HB 1439 (effective November 1, 2011) amends 21 O.S. § 1289.25 to extend the
presumption of fear of use of deadly force to businesses and the ‘owner, manager or
employee’ of such business.
SB 856 (effective November 1, 2011) enacts a new law to be codified at 21 O.S. §
1289.2. This section makes it a crime to provide ‘materially false information’ to a
firearms or ammunition dealer or seller ‘about the legality of a transfer’ of a firearm
or ammunition. Punishment is a fine of up to $5,000 and/or imprisonment of up to
five years. ‘Material false information’ is defined as ‘information that portrays an
illegal transaction as legal or a legal transaction as illegal’.
HB 1322 (effective November 1, 2011) amends 21 O.S. § 1451 to provide that any
executor, trustee, or beneficiary who violates this section (embezzlement) may not
‘receive any portion, share, gift, or otherwise benefit from the estate’.
SB 923 (effective November 1, 2011) amends 21 O.S. § 856 and enacts new laws to
be codified at 21 O.S. § 856.3 and 70 O.S. § 5-146.1.
21 O.S. § 856 is amended to increase the penalty for every person who does
‘cause, aid, abet, encourage, solicit, or recruit’ a minor to join a ‘criminal street
gang’ to up to five years and/or a fine of $5,000 (increased from one year and
$3,000). A second or subsequent violation is punishable by imprisonment of
up to 10 years.
21 O.S. § 856.3 makes the commission (or attempt) of a gang-related offense as
‘a condition of membership’ in the gang a felony, punishable by
imprisonment of up to 5 years.
70 O.S. § 5-146.1 requires a ‘school employee’ who has ‘reason to believe that
a child under the age of eighteen (18) years is involved in gang activity’ shall
notify the person designated by the school district. That person may report to
the nearest local law enforcement agency. A person who makes a report ‘in
good faith and exercising due care’ has immunity from criminal or civil
liability.
HB 1652 (effective November 1, 2011) amends 21 O.S. § 1277 to move ‘technology
center school property’ from the list of places where concealed carry is unlawful, to
subsection D, which concerns colleges. Also, the amendment clarifies that firearms
may be stored in areas used for ‘parking’ vehicles.
HB 1604 (effective November 1, 2011) amends 21 O.S. § 1738 to make several
changes:
-Removes the requirement that the vehicle be ‘owned’ by the defendant, but
still allows the ‘innocent owner’ defense.
-Prohibits forfeiture of vehicles used by a ‘common carrier’ unless the owner
consented to the unlawful use.
-If a forfeiture action is not filed within 90 days of the date of seizure, the
property is to be returned to the owner.
-Any balance remaining after sale of the property may be used to ‘defray any
lawful expenses of the district attorney’
SB 285 (effective November 1, 2011) amends 21 O.S. § 1835 to provide that the
Governor’s mansion is not required to post ‘no trespassing’ signs. A trespass at the
Governor’s mansion is punishable by a fine of up to $500 and/or imprisonment of
up to six months.
This bill also enacts a new law to be codified at 21 O.S. § 282 which
prohibits entry onto, or remaining in, any area which is ‘posted, cordoned off,
or otherwise restricted’ for the use of any ‘state official being provided
protection by the Department of Public Safety’.
SB 406 (effective November 1, 2011) amends 21 O.S. § 1380 to expand protection
under the ‘Oklahoma Funeral Picketing Act’. Any ‘protest activities’ must be at least
1,000 from the property line of the place where the service is held, and is not allowed
‘during the period from two (2) hours before the scheduled commencement of
funeral services until two (2) hours after the actual completion of the funeral
services’. A violation is punishable by a fine of up to $500 and/or imprisonment of
up to 30 days.
HB 1355 (effective November 1, 2011) amends 21 O.S. § 1168 to provide priorities as
to who has the right to ‘control the disposition of the remains of a deceased person’.
The person must be at least 18 years old, and cannot be a person charged with first
or second degree murder in the death of the decedent. In order:
a. The decedent, if written directions are made in compliance with State
law.
b. A representative appointed by the deceased in compliance with State
law.
c. The surviving spouse
d. A sole surviving child, or a majority of the surviving adult children
e. A surviving parent or parents
f. A surviving sibling, or a majority of the surviving adult siblings
g. A duly appointed Guardian
h. Persons in degree of kinship as set out under the laws of descent and
distribution
i. A public officer, if the decedent was an indigent person
j. Any other person willing to assume the responsibility in writing
HB 1549 (effective November 1, 2011) enacts a new law to be codified at 21 O.S. §
1040.56 which allows a person who was a victim of child pornography, to bring a
civil action against the perpetrator ‘regardless of whether the victim is now an
adult’. Any suit must be brought within three years after the person reaches age 18;
after the notification to the victim of the child pornography; or the conclusion of any
related criminal case.
SB 494 (see, also, in Title 76) (effective November 1, 2011) enacts several new laws
to be codified at 21 O.S. § 1835.3 et seq. This is a comprehensive act concerning
trespass and is known as the ‘Oklahoma Private Lands and Public Recreation Act’.
Here are the highlights:
a. ‘Land’ is defined as private land that is ‘primarily devoted to farming,
ranching, or forestry purposes’. ‘Recreational use’ means any activity
undertaken for ‘exercise, education, relaxation, or pleasure on land owned by
another’. ‘Recreational trespass’ means ‘remaining on land for a recreational
use after being asked to leave by the owner’ or ‘entry on land for a
recreational use without the express or implied consent of the owner’.
b. Presence on the land of another is prima facie evidence of ‘recreational use’.
Implied consent is an affirmative defense, and the absence of posting is not
sufficient to imply consent.
c. Other prohibited acts include:
a. ‘mud bogging’
b. Destruction or removal of property.
c. Littering
d. Failure to leave ‘gates, doors, fences, road blocks, obstacles, or signs’ in
the condition in which they were found.
d. Any ‘local, county, or state law enforcement officer’ may issue a citation for a
violation. Punishment is a fine of up to $250 and/or imprisonment of up to 10
days. A second conviction may be punished by a fine of up to $500 and/or
imprisonment for up to 20 days. A third conviction may be punished by a
fine of up to $2,500 and/or imprisonment of up to 6 months.
e. An ‘aggravated violation’ is one in which a vehicle is driven in such a way as
to ‘endanger others or to cause damage to the land’. Such a violation is
punishable by a fine of up to $500 and/or imprisonment for up to 10 days.
f. The hunting or fishing license of a violator may be revoked for up to one year.
HB 1255 (effective November 1, 2011) enacts a new law to be codified at 21 O.S. §
1289.28 which allows a United States Attorney or Assistant United States Attorney
to carry a firearm if properly trained.
SB 446 (effective November 1, 2011) amends 21 O.S. § 1021 to provide that a person
who has committed the crime of ‘public urination’ is not subject to registration as a
sex offender unless the act was ‘accompanied with another act’ that would violate
the prohibition against lewd exposure.
SB 952 (effective November 1, 2011) amends several sections
-21 O.S. § 13.1 to add ‘aggravated assault and battery upon any person
defending another person from assault and battery’ to the list of 85% crimes.
-21 O.S. § 644 to provide a new penalty for domestic A&B with any
dangerous weapon. It is punishable by up to 10 years in DOC or up to one
year in county jail. A domestic battery which is done with a firearm is
punishable by up to life in prison.
-21 O.S. § 650 to include federal peace officers, and to increase the maximum
punishment to life in prison and/or a fine of up to $1,000. This also adds a
new crime of committing aggravated assault and battery on a Peace Officer
which results in maiming. Punishment is 5 years to life and/or a fine of up to
$5,000.
-21 O.S. § 759 to increase the penalty for maiming to up to life imprisonment
and/or a fine of up to $1,000.
-21 O.S. § 1105 to include ‘domestic assault and battery or domestic assault
and battery with a deadly weapon’ to the list of crimes for which a Peace
Officer may not release a person before the arrestee appears before a judge.
TITLE 22
CRIMINAL PROCEDURE
HB 1672 (effective November 1, 2011) amends 22 O.S. § 471.6 to provide that, when
the judge of a drug court enters a stay against a DPS suspension or revocation of the
drivers license of a drug court participant, the time period set in the DPS order
continues to run during the stay.
HB 1358 (effective November 1, 2011) amends 22 O.S. § 60.4 to make Victims
Protective Orders issued against a person who is incarcerated ‘remain in full force
and effect during the period of incarceration’. The term of incarceration is not
included in the calculation of the three-year time limitation.
TITLE 47
MOTOR VEHICLES
HB 1061 (effective November 1, 2011) amends 47 O.S. § 12-229 to provide that rear
facing flashing red and blue lights may be used on vehicles used by ‘Oklahoma
Department of Transportation, the Oklahoma Turnpike Authority, or by any county
when engaged in the performance of emergency work or on the construction or
maintenance of highways’.
HB 1507 (effective November 1, 2011) amends 47 O.S. § 6-205 to add the following
grounds for revocation of a driver’s license:
-Operating a hired bus or limousine while transporting persons under
21 who are in possession of alcohol or low-point beer
-Reckless driving ‘without regard for the safety of others’
-Failure to obey a traffic control device when such failure results in
great bodily injury to any other person
-Failure to stop or remain stopped for a school bus loading or
unloading children
This bill also amends 47 O.S. § 11-903 to provide that negligent homicide as
result of motor vehicle use is a misdemeanor, and that the court is to order the
driver to attend a ‘driver improvement or defensive driving course’.
SB 126 (effective November 1, 2011) amends 47 O.S. § 11-702 to clarify that any bus,
‘whether occupied or unoccupied by passengers’ must stop within 50 feet (but not
closer than 15 feet) of a railroad crossing, and the driver must ‘listen and look in
each direction along the tracks for an approaching train, and ascertain that no train
is approaching’. The driver is not allowed to change gears while crossing the tracks.
SB 95 (effective November 1, 2011) amends 47 O.S. § 14-111, which exempts a
person hauling livestock, (not for commercial purposes) from the weight limit
provisions. This amendment removes the requirement that the person have the
words ‘not for hire’ on the vehicle.
SB 200 (effective November 1, 2011) amends 47 O.S. § 1135.3 to provide for some
new special license plates (!). The new ones include:
- Ovarian cancer awareness
-BMW Car Club of America
-Deer Creek School District
-Don’t Tread on Me
SB 325 (effective November 1, 2011) amends 47 O.S. § 1102 and § 11-1117 to clarify
some motor vehicle definitions:
a. A ‘Recreational off-highway vehicle’ is manufactured and used exclusively
for off-highway use, traveling on four or more non-highway tires, having
non-straddle seating and steered by a steering wheel.
b. An ‘All-terrain vehicle’ is manufactured and used exclusively for off-highway
use, traveling on four or more ‘non-highway’ tires, and having a seat
designed to be straddled, and handlebars for steering.
SB 443 (effective November 1, 2011) amends 47 O.S. § 6-110 to require that the
drivers license examination include testing of the applicant’s knowledge of bicycle
and motorcycle safety.
SB 499 (effective November 1, 2011) amends 47 O.S. § 14-118 to increase the
maximum speed limit for ‘special mobilized machinery’ from 50 mph to 60 mph.
HB 1676 (effective November 1, 2011) makes several changes related to the
Department of Public Safety. These include:
a. Amends 27A O.S. § 2-9-104 to provide that the use of radiation sources by
���public safety bomb squads’ is not covered by the rules that apply to other
radiation sources.
b. Amends 47 O.S. § 2-122 to allow DPS to receive funds from state agencies,
state and local agency employees, and from rental for use of ‘other training
facilities’ of DPS.
c. Amends 47 O.S. § 2-143 to permit DPS to purchase, equip, and maintain
vehicles for ‘any other purpose related to the duties’ of DPS.
d. Amends 47 O.S. § 10-113 to require DPS to ‘make available’ forms for
accident reports to the appropriate agencies.
e. Amends 47 O.S. § 11-1112 to provide an exception to the requirement that a
child use a seat belt or other restraint. A child with a medical condition does
not have to use restraints if there is ‘written documentation from a physician’.
Also, the portion of the statute that allows an Officer to stop a vehicle for a
violation to give a warning is repealed.
f. Amends 47 O.S. § 752 to make the costs of collection of ‘blood, saliva, or urine
specimens’, as a result a DUI or similar charge, a court cost upon conviction.
SB 38 (effective November 1, 2011) amends 47 O.S. § 1102 and § 1105 to define a
new classification of motor vehicles. A ‘rebodied vehicle’ is one which has been
assembled using a ‘new body or new major component which is of the identical type
as the original vehicle and is licensed by the manufacturer’. A ‘new body or new
major component’ includes a new body, cab, frame, frond end clip, or rear end clip.
HB 1520 (effective November 1, 2011) amends 47 O.S. § 7-606 (proof of insurance).
This amendment allows a person to present proof of liability coverage and have the
case dismissed without costs if the coverage was in ‘force at the time of the alleged
offense’. Proof must be presented no later than the business day preceding the first
scheduled court appearance date.
HB 1743 (effective November 1, 2011) enacts a new law to be codified at 47 O.S. §
966, to be known as the ‘Nonconsensual Towing Act of 2011’. This law establishes a
comprehensive scheme to govern the transportation of a vehicle without the consent
of knowledge of the vehicles’ owner ‘or any other person in possession of or in
charge of’ the vehicle. This includes the towing of the vehicle for the public interest
including ‘by any law enforcement officer’ as a result of abandonment or
unauthorized parking. The Corporation Commission is given the power to
establish rates and adjudicate disputes and discipline tow companies who violate
the act. Several sections in Title 47 are amended to effect these changes.
SB 529 (effective November 1, 2011) amends some sections related to DUI offenses:
-47 O.S. § 6-111 to require the words ‘Interlock required’ on the driver’s
license of a person subject to an ordered interlock device.
-47 O.S. § 6-205.1 to require an interlock device even if a modification of
revocation is made.
HB 1319 (effective November 1, 2011) amends 47 O.S. § 11-902 to provide than a
witness who is ‘qualified by knowledge, skill, experience, training, or education’
may testify in the form of an opinion ‘solely on the issue of impairment, but not on
the issue of specific alcohol concentration level’ based on SFST’s. A DRE may testify
to impairment and to the ‘category’ of the impairing substance if relevant. This bill
also increases punishment for subsequent DUI offenses.
TITLE 76
TORTS
SB 494 (see also, in Title 21) (effective November 1, 2011) enacts a new law to be
codified at 76 O.S. § 80 which affects tort liability of a land owner. This law repeats
the common-law rule that a land owner owes no legal ‘duty’ to a trespasser, but also
codifies several exceptions:
a. A land owner who knows or reasonably should know of a trespasser’s
presence has a duty not to injure that trespasser by a ‘wanton or intentional
act’
b. A land owner may be liable for injury to a ‘child trespasser’ from a ‘highly
dangerous artificial condition on the land’ if:
-The land owner knew or had reason to know that children were likely
to trespass at the location
-The condition is one ‘unusually attractive to children’ and posed an
‘unreasonable risk of death or serious bodily harm’
-The injured child was ‘attracted’ by the condition
-The child lacked the ability to appreciate the risk
-The ‘utility to the possessor of maintain the condition and the burden
of eliminating the danger were slight’ compared to the risk
-A child under age 7 has no ability to appreciate the risk. A child
between 7 and 14 is ‘presumed to lack the ability to appreciate the risk’,
but this presumption may be overcome by evidence.
TITLE 43A
MENTAL HEALTH
HB 1271 (effective November 1, 2011) amends 43A O.S. § 1-103 in several ways:
a. Expands the definition of ‘person requiring treatment’ to include those who:
a. Pose a substantial risk of immediate physical harm to self or others ‘as
manifested by evidence’
b. Have placed another person in fear of violent behavior or serious
physical harm.
c. Are in a condition of ‘severe deterioration’ with a substantial risk of
severe impairment or injury
d. Are unable to provide for their own basic physical needs
b. Allows the use of the ‘mental health or substance abuse history’ of the person
in making the evaluation. This cannot be the ‘sole basis’ for the
determination.
c. Amends 43A O.S. § 5-410 to allow a petition for a court action to be filed by a
‘treatment advocate’.
TITLE 70
SCHOOLS
SB 131 (effective November 1, 2011) amends 70 O.S. § 3311 to allow CLEET to
investigate, in certain cases, Peace Officers who resign while under investigation by
their department, pursuant to the Administrative Procedures Act.
SB 157 (effective November 1, 2011) amends 70 O.S. § 3311 to allow CLEET to
require an MMPI (or equivalent) for any Peace Officer who has a break in service
exceeding five years or if the Council determines that the Peace Officer presents ‘a
danger to himself or herself, the public, or a family or household member’.
SB 408 (effective November 1, 2011) amends 70 O.S. § 3311 to allow CLEET to
charge a reinstatement fee of $150.00 to persons whose ‘certification has been
revoked, suspended, or voluntarily surrendered’, including ‘failure to comply with
mandatory and training requirements’.
SB 416 (effective November 1, 2011) amends 70 O.S. § 3311 to allow CLEET to
approve any ‘law enforcement agency or police department’ which ‘first creates or
reactivates an inactive law enforcement agency or police department’ on after
November 1, 2011. The law enforcement agency must submit, at least 60 days prior
to creation of the agency, information including:
-The need for the agency
-The funding sources (income from tickets or fines may not exceed 50% of
the total)
-‘Physical resources available to officers’
-Physical facilities including evidence room, dispatch, restrooms, and
public areas
-Published policies including
a. Use of force
b. Vehicle pursuit
c. Mental health
d. Professional conduct of officers
e. Domestic abuse
f. Response to missing persons
g. Supervision of part-time officers
h. Impartial policing
-Administrative structure of the agency
-Liability insurance
-Other information required by CLEET Rules.
CLEET is to respond within 60 days of receipt of the completed application. If
denied, appeal may be made to the full Council, which may authorize the agency,
confirm the Director’s denial of the agency, or request additional information.
SB 567 (effective January 1, 2012) amends 70 O.S. § 3311.5 to require CLEET to
include in the required course of study a minimum of 8 hours of ‘evidence-based
domestic violence and stalking investigation training’. A portion of the training is to
include instruction presented by ‘an expert victim advocate’ selected from
recommendations provided by the A.G. or the Oklahoma Domestic Violence Fatality
Review Board. This training is also to be made part of the continuing education
program for Officers that have already completed basic training.
HB 1586 (effective November 1, 2011) amends 70 O.S. § 821.82 to broaden the
definition of ‘Athletic Agent’ and to increase the penalties for a violation.
SB 59 (effective July 1, 2011) amends 70 O.S. § 5-142 to provide that ‘any person
employed as a full-time teacher by a school district in this state’ in the five years
preceding the application for ‘employment as a substitute teacher’ is not required to
have a background check, if the teacher produces (1) a criminal history record check
completed within the preceding five years and (2) a letter from the school district in
which the teacher was last employed stating that the teacher ‘left in good standing’.
SB 252 (effective July 1, 2011) amends 70 O.S. § 5-142 to allow a board of education
to ‘choose not to require a record check’ if the person was employed by the school
district during the previous school year.
HB 1418(effective July 1, 2011) amends 70 O.S. § 5-142 to clarify the definition of
‘prospective employee’ and allows the employment of a prospective employee for
up to 60 days pending receipt of the criminal history record check.
SB 12 (effective November 1, 2011) amends 70 O.S. § 5-142 to clarify that required
background checks do not apply to ‘technology center employees hired on a part-time
or temporary basis for the instruction of adult students only’.
TITLE 59
PROFESSIONS AND OCCUPATIONS
SB 263 (effective November 1, 2011) amends 59 O.S. § 1750.3 to allow CLEET to
require up to 24 hours of continuing education for security guards and private
investigators during the ‘licensing period’. This still averages 8 hours per year.
SB 299 (effective November 1, 2011) amends 59 O.S. 161.6 concerning
investigations of licensed chiropractors. An investigator hired by the Board of
Chiropractic Examiners must be certified as a Peace Officer by CLEET and will have
statewide jurisdiction for purposes of these investigations.
TITLE 4
ANIMALS
HB 1249 (effective November 1, 2011) amends 4 O.S. § 268 to remove ‘persons in
the sole process of retrieving their domestic livestock or other animals’ from the
exceptions to the Trespass statute.
TITLE 29
GAME AND FISH
HB 1474 (effective November 1, 2011) amends 29 O.S. § 7-209 to increase the
penalty for trespass on a deer farm or a licensed ‘commercial hunting area’ from
$250 to $1,500.
HB 1347 (effective November 1, 2011) enacts a new law to be codified at 29 O.S. §
9-111 et seq. Known as the ‘Wildlife Bail Procedure Act’, it makes several changes in
handling of violations of the Oklahoma Wildlife Conservation Code:
29 O.S. § 9-112 – ‘any person arrested for a violation of any section’ of the
Code:
-for a misdemeanor and the person is not taken into custody, written citation
with notice to appear; name and address of the violator; the offense charged;
time and place to appear in court; and ‘any other pertinent information’
-if properly completed and signed and filed, the citation is considered a
‘lawful complaint for the purpose of prosecution’
-the violator must appear in person, or by counsel, for arraignment at the date
and time specified
-arraignment is before a judge in the district court in the county which has
jurisdiction
-violator must sign ‘at least one copy’ of the citation, and be given a copy
-violator is not to be taken into custody if:
-is a resident OR
-a nonresident, but from a state within the Interstate Compact
-the Officer is satisfied as to the identity and certifies the date, time, and
location of the violation
-violator acknowledges the written promise to appear
-the violation is not for hunting or fishing while a license is under
suspension, revocation, denial, or cancellation, and the violator is not
the subject of an arrest warrant
-violator may post bond in the ‘amount of the minimum bond’ if the violation
carries a ‘minimum fine of $50 or less’ and violator signs a plea on the back of
the citation. If this is done the violator is not required to appear for
arraignment
-if restitution is required the violator is required to appear before the court.
-failure to appear or otherwise comply is punishable by a fine of $25 to $100,
in addition to the original charge. The court may issue a bench warrant on
application by the District Attorney. In addition, the Department may begin
procedures to forfeit or suspend ‘any license, permit, stamp, or other issue of
the Department held by the person’
Repeals 29 O.S. § 9-101 (posting of cash bail for violations of the Code)
Repeals 29 O.S. § 9-102 (application for duplicate license while the original
license is posted in lieu of cash bond)
Repeals 29 O.S. § 9-103 (return of drivers license deposited in lieu of cash
bail)
Repeals 29 O.S. § 9-104 (details of procedure on failure to appear)
Repeals 29 O.S. § 9-105 (forfeiture of bond on plea of guilty)
HB 1338 (effective November 1, 2011) amends 29 O.S. § 4-112A to require that
persons under 10 years old, ‘when hunting big game’ and ‘regardless of hunter
safety certification’ must be accompanied by a person 18 years or older who
‘possesses a certificate of hunter safety or is exempt from the hunter safety
certification requirements’. This person must be within arm’s length or close
enough to ‘immediately take control of the firearm or archery equipment’ of the
apprentice hunter. This amendment also lowers the upper age for required safety
classes from 35 to 30 years old.
SB 828 (effective November 1, 2011) amends a couple of statutes:
-Amends 29 O.S. § 7-209 to include shooting from or across a public road,
highway, or railroad right-of-way onto a commercial hunting area as a
prohibited act.
-Amends 29 O.S. § 5-204 to increase the punishment for shooting from a
road to a fine of up to $1,500 and/or imprisonment of up to 30 days. A
second or subsequent offense is punishable by a fine of up to $2,500
and/or imprisonment for up to 30 days.
HB 1339 (effective January 1, 2013) enacts a new law to be codified at 29 O.S. § 4-
203 which requires dealers who issue hunting or fishing licenses to do so by means
of ‘an electronic point of sale system’.
TITLE 63
PUBLIC HEALTH AND SAFETY
HB 1798 (effective November 1, 2011) amends 63 O.S. § 2-509 to provide that it is
unlawful to manufacture or attempt to manufacture any CDS by ‘cooking, burning,
or extracting and converting’ marihuana into hashish.
SB 179 (effective November 1, 2011) amends 63 O.S. § 2-101.2 to modify the
prohibition on selling glass tubes (passed in 2010). This amendment provides an
exception that makes it lawful to sell ‘cigars packaged by the manufacturer in
containers or tubes made of glass’ so long as the purpose is to ‘facilitate the sale’ of
the cigar and not ‘for another purpose’.
SB 324 (effective July 1, 2011) makes a few changes related to boats:
a. amends 63 O.S. § 4210 to remove the prohibition against allowing a child
under 12 years old to operate certain boats.
b. enacts a new law to be codified at 63 O.S. 4210.9 which is essentially an
‘implied consent’ law for boats.
c. Amends 63 O.S. § 4210.8 to lower the blood or breath alcohol concentration to
0.08.
SB 679 (effective November 1, 2011) amends 63 O.S. § 1-1950.3 to allow a ‘certified
medication aide’ to distribute medications in a county or municipal jail.
TITLE 37
INTOXICATING LIQUORS
HB 1211 (effective November 1, 2011) amends 37 O.S. 8.2 to include ‘low-point
beer’ in the statute prohibiting a person from permitting a person under 21 to
consume alcoholic beverages. Punishment for a violation is set at a fine of up to
$500. A second violation within 10 years is punishable by a fine of up to $1,000. A
third violation within 10 years is punishable by a fine of up to $2,500 and/or
imprisonment of up to 5 years. In addition, 37 O.S. § 241 and § 246 are amended to
allow a city or town to enact ordinances for this violation, so long as the ordinance is
consistent with State law.
TITLE 10
CHILDREN
HB 1606 (effective November 1, 2011) amends 10 O.S. § 7800 to provide that a child
born out of wedlock is presumed to be in the custody of the mother until
‘determined otherwise by a court of competent jurisdiction’.
SB 674 (effective November 1, 2011) amends 10 O.S. § 404.1 to address background
checks on any person ‘making application to establish or operate a child care
facility’. After November 1, 2013, persons making application for a child facility,
and employees, must have an OSCN search, a child care registry search, and a
national history records search. The background check is not required for ‘parent
volunteers who transport children on an irregular basis’.
TITLE 19
COUNTIES AND COUNTY OFFICERS
SB 54 (effective November 1, 2011) amends 19 O.S. § 215.2 to require that an
elected District Attorney must have been a registered voter in the district and
residing in the district for at least 6 months immediately preceding the filing date.
SB 162 (effective November 1, 2011) amends 19 O.S. § 215.29 and § 215.35A to
allow a retired District Attorney to carry a firearm, and to allow a retired District
Attorney Investigator to retain his or her badge and firearm.
TITLE 74
STATE GOVERNMENT
SB 666 (effective November 1, 2011) amends 74 O.S. § 840-2.20 to provide that State
employees who are Municipal Reserve Officers or Reserve Deputies and ‘miss work
in performing their duties in cases of emergency’ do not have to use ‘any accrued
leave or need to make up any time’ due to the performance of those duties.
SB 363 (effective November 1, 2011) amends 74 O.S. § 320 to prohibit the State Fire
Marshal from engaging in any other business ‘that may be a conflict of interest with
the duties of the State Fire Marshal’.
SB 895 (effective November 1, 2011) enacts a new law to be codified at 74 O.S. §
150.13A which allows OSBI to appoint special officers (no more than 20) to have
‘enforcement authority related to the larceny of oil field equipment’. These ‘Special
Investigators’ are not compensated, and must enter into a bond for $500,000.
TITLE 57
PRISONS AND REFORMATORIES
SB 180 (effective November 1, 2011) amends 57 O.S. § 627 to permit DOC to
contract with health care providers for health care for inmates ‘which is beyond the
professional capabilities’ of DOC.
SB 282 (effective November 1, 2011) amends 57 O.S. § 584 to cover persons who
have ‘an out-of-state conviction that requires registration’. These persons must
supply a certified copy of the Judgment and Sentence from the other State, and must
keep officials notified of their residence.
SB 582 (effective July 1, 2012) amends 57 O.S. § 590.1 to define housing units for
registered sex offenders. A ‘multi-unit structure’ as one with multiple residential
units that provide independent living facilities for ‘living, sleeping, cooking, eating,
and sanitation within each individual unit’. Manufactured homes, mobile homes,
trailers, and R.V.’s that do not meet the descriptions of this paragraph are not
considered ‘multi unit’ structures.
TITLE 11
CITIES AND TOWNS
SB 160 (effective November 1, 2011) enacts a new law to be codified at 11 O.S. §
22-161, known as the ‘Municipal Motor Vehicle Racing Act’. This allows a
municipality of public trust to conduct a racing event within the limits of the
municipality. A permit from the municipality is required. The applicant must
satisfy the municipality of:
a. Adequate insurance
b. Demonstrated experience in conducting such an event
c. Adequate security and necessary facilities
d. Adequate safety measures.
e. The ability to restore the racing event area to its original condition.
SB 347 (effective November 1, 2011) enacts a new law to be codified at 11 O.S. § 1-
110. This law affects, among others, any municipal employee who is a member of
‘the Oklahoma Firefighters Pension and Retirement System, the Oklahoma Police
Pension and Retirement System, or the Oklahoma Public Employees Retirement
System. Any such person who is convicted of (or enters a plea of guilty or no
contest to) a felony for ‘bribery, corruption, forgery, or perjury, or any other crime
related to the duties of his or her office or employment’ will forfeit any retirement
benefits. The forfeiture does not apply to a deferred sentence, but benefits cannot
commence prior to completion of the deferred sentence.
TITLE 69
ROADS, BRIDGES, AND FERRIES
SB 304 (effective November 1, 2011) enacts a new law to be codified at 69 O.S. §
1698.93 which designates the southbound bridge on US 277 / US 281 as the
‘President George W. Bush Bridge’.
TITLE 3A
AMUSEMENTS AND SPORTS
HB 1321 (effective November 1, 2011) amends 3A O.S. § 709 to prohibit the use of
children under the age of 18 in any ‘advertisement or promotion’ of the State
Lottery.
TITLE 68
REVENUE AND TAXATION
HB 1634 (effective July 1, 2011) amends 68 O.S. § 1503 to reduce the annual fee for a
coin-operated ‘music device or coin-operated amusement device’ or for a ‘coin-operated
vending device’ from $150 to $75.
TITLE 25
DEFINITIONS AND GENERAL PROVISIONS
SB 73 (effective November 1, 2011) enacts a new law to be codified at 25 O.S. §
94.11. This law makes the song ‘Swing Low, Sweet Chariot’ the official state gospel
song. The bill notes that the song was composed by “Wallis Willis, a Choctaw
freedman living in Indian Territory before 1862’. The official lyrics are set out in
the statute and on the last page of this update.
HB 1511 (effective November 1, 2011) enacts a new law to be codified at 25 O.S. §
90.20 naming the twenty-eighth day of June of each year ‘Second Amendment Day’.
This date was chosen to commemorate the date that the U.S. Supreme Court
declared that the provisions set out in the Second Amendment are fully applicable to
the States.
Swing low, sweet chariot,
Coming for to carry me home,
Swing low, sweet chariot;
Comin’ for to carry me home.
I looked over Jordan, and what did I see,
Comin’ for to carry me home,
A band of angels comin’ after me,
Comin’ for to carry me home.
Swing low, sweet chariot,
Comin’ for to carry me home,
Swing low, sweet chariot,
Comin’ for to carry me home.
If you get there before I do,
Comin’ for to carry me home,
Tell all my friends I’m comin’ too,
Comin’ for to carry me home.
Swing low, sweet chariot,
Comin’ for to carry me home,
Swing low, sweet chariot,
Comin’ for to carry me home.
I’m sometimes up and sometimes down,
Comin’ for to carry me home,
But still my soul feels heavenly bound,
Comin’ for to carry me home.
Swing low, sweet chariot,
Comin’ for to carry me home,
Swing low, sweet chariot,
Comin’ for to carry me home.
The brightest day that I can say,
Comin’ for to carry me home,
When Jesus washed my sins away,
Comin’ for to carry me home.
Swing low, sweet chariot,
Comin’ for to carry me home,
Swing low, sweet chariot,
Comin’ for to carry me home.

Council on Law Enforcement Education & Training
2011 Legislative Update
Prepared by J.H.B. Wilson, J.D.
June 10, 2011
Legal update 2010. Please keep in mind that this document is, by necessity, a summary. If we were
to copy all the new laws, this document would run to several thousand pages. Even a detailed
summary of every provision would be hundreds of pages long, and that is simply not feasible. You
are encouraged to read the complete laws, available at www.oscn.net. Click on ‘legal research’ and
then click on ‘Oklahoma Statutes Citationized’. You can get a complete history of each bill at the
Oklahoma Legislature’s website: http://webserver1.lsb.state.ok.us/WebBillStatus/main.html.
TITLE 21
CRIMES AND PUNISHMENTS
HB 1439 (effective November 1, 2011) amends 21 O.S. § 1289.25 to extend the
presumption of fear of use of deadly force to businesses and the ‘owner, manager or
employee’ of such business.
SB 856 (effective November 1, 2011) enacts a new law to be codified at 21 O.S. §
1289.2. This section makes it a crime to provide ‘materially false information’ to a
firearms or ammunition dealer or seller ‘about the legality of a transfer’ of a firearm
or ammunition. Punishment is a fine of up to $5,000 and/or imprisonment of up to
five years. ‘Material false information’ is defined as ‘information that portrays an
illegal transaction as legal or a legal transaction as illegal’.
HB 1322 (effective November 1, 2011) amends 21 O.S. § 1451 to provide that any
executor, trustee, or beneficiary who violates this section (embezzlement) may not
‘receive any portion, share, gift, or otherwise benefit from the estate’.
SB 923 (effective November 1, 2011) amends 21 O.S. § 856 and enacts new laws to
be codified at 21 O.S. § 856.3 and 70 O.S. § 5-146.1.
21 O.S. § 856 is amended to increase the penalty for every person who does
‘cause, aid, abet, encourage, solicit, or recruit’ a minor to join a ‘criminal street
gang’ to up to five years and/or a fine of $5,000 (increased from one year and
$3,000). A second or subsequent violation is punishable by imprisonment of
up to 10 years.
21 O.S. § 856.3 makes the commission (or attempt) of a gang-related offense as
‘a condition of membership’ in the gang a felony, punishable by
imprisonment of up to 5 years.
70 O.S. § 5-146.1 requires a ‘school employee’ who has ‘reason to believe that
a child under the age of eighteen (18) years is involved in gang activity’ shall
notify the person designated by the school district. That person may report to
the nearest local law enforcement agency. A person who makes a report ‘in
good faith and exercising due care’ has immunity from criminal or civil
liability.
HB 1652 (effective November 1, 2011) amends 21 O.S. § 1277 to move ‘technology
center school property’ from the list of places where concealed carry is unlawful, to
subsection D, which concerns colleges. Also, the amendment clarifies that firearms
may be stored in areas used for ‘parking’ vehicles.
HB 1604 (effective November 1, 2011) amends 21 O.S. § 1738 to make several
changes:
-Removes the requirement that the vehicle be ‘owned’ by the defendant, but
still allows the ‘innocent owner’ defense.
-Prohibits forfeiture of vehicles used by a ‘common carrier’ unless the owner
consented to the unlawful use.
-If a forfeiture action is not filed within 90 days of the date of seizure, the
property is to be returned to the owner.
-Any balance remaining after sale of the property may be used to ‘defray any
lawful expenses of the district attorney’
SB 285 (effective November 1, 2011) amends 21 O.S. § 1835 to provide that the
Governor’s mansion is not required to post ‘no trespassing’ signs. A trespass at the
Governor’s mansion is punishable by a fine of up to $500 and/or imprisonment of
up to six months.
This bill also enacts a new law to be codified at 21 O.S. § 282 which
prohibits entry onto, or remaining in, any area which is ‘posted, cordoned off,
or otherwise restricted’ for the use of any ‘state official being provided
protection by the Department of Public Safety’.
SB 406 (effective November 1, 2011) amends 21 O.S. § 1380 to expand protection
under the ‘Oklahoma Funeral Picketing Act’. Any ‘protest activities’ must be at least
1,000 from the property line of the place where the service is held, and is not allowed
‘during the period from two (2) hours before the scheduled commencement of
funeral services until two (2) hours after the actual completion of the funeral
services’. A violation is punishable by a fine of up to $500 and/or imprisonment of
up to 30 days.
HB 1355 (effective November 1, 2011) amends 21 O.S. § 1168 to provide priorities as
to who has the right to ‘control the disposition of the remains of a deceased person’.
The person must be at least 18 years old, and cannot be a person charged with first
or second degree murder in the death of the decedent. In order:
a. The decedent, if written directions are made in compliance with State
law.
b. A representative appointed by the deceased in compliance with State
law.
c. The surviving spouse
d. A sole surviving child, or a majority of the surviving adult children
e. A surviving parent or parents
f. A surviving sibling, or a majority of the surviving adult siblings
g. A duly appointed Guardian
h. Persons in degree of kinship as set out under the laws of descent and
distribution
i. A public officer, if the decedent was an indigent person
j. Any other person willing to assume the responsibility in writing
HB 1549 (effective November 1, 2011) enacts a new law to be codified at 21 O.S. §
1040.56 which allows a person who was a victim of child pornography, to bring a
civil action against the perpetrator ‘regardless of whether the victim is now an
adult’. Any suit must be brought within three years after the person reaches age 18;
after the notification to the victim of the child pornography; or the conclusion of any
related criminal case.
SB 494 (see, also, in Title 76) (effective November 1, 2011) enacts several new laws
to be codified at 21 O.S. § 1835.3 et seq. This is a comprehensive act concerning
trespass and is known as the ‘Oklahoma Private Lands and Public Recreation Act’.
Here are the highlights:
a. ‘Land’ is defined as private land that is ‘primarily devoted to farming,
ranching, or forestry purposes’. ‘Recreational use’ means any activity
undertaken for ‘exercise, education, relaxation, or pleasure on land owned by
another’. ‘Recreational trespass’ means ‘remaining on land for a recreational
use after being asked to leave by the owner’ or ‘entry on land for a
recreational use without the express or implied consent of the owner’.
b. Presence on the land of another is prima facie evidence of ‘recreational use’.
Implied consent is an affirmative defense, and the absence of posting is not
sufficient to imply consent.
c. Other prohibited acts include:
a. ‘mud bogging’
b. Destruction or removal of property.
c. Littering
d. Failure to leave ‘gates, doors, fences, road blocks, obstacles, or signs’ in
the condition in which they were found.
d. Any ‘local, county, or state law enforcement officer’ may issue a citation for a
violation. Punishment is a fine of up to $250 and/or imprisonment of up to 10
days. A second conviction may be punished by a fine of up to $500 and/or
imprisonment for up to 20 days. A third conviction may be punished by a
fine of up to $2,500 and/or imprisonment of up to 6 months.
e. An ‘aggravated violation’ is one in which a vehicle is driven in such a way as
to ‘endanger others or to cause damage to the land’. Such a violation is
punishable by a fine of up to $500 and/or imprisonment for up to 10 days.
f. The hunting or fishing license of a violator may be revoked for up to one year.
HB 1255 (effective November 1, 2011) enacts a new law to be codified at 21 O.S. §
1289.28 which allows a United States Attorney or Assistant United States Attorney
to carry a firearm if properly trained.
SB 446 (effective November 1, 2011) amends 21 O.S. § 1021 to provide that a person
who has committed the crime of ‘public urination’ is not subject to registration as a
sex offender unless the act was ‘accompanied with another act’ that would violate
the prohibition against lewd exposure.
SB 952 (effective November 1, 2011) amends several sections
-21 O.S. § 13.1 to add ‘aggravated assault and battery upon any person
defending another person from assault and battery’ to the list of 85% crimes.
-21 O.S. § 644 to provide a new penalty for domestic A&B with any
dangerous weapon. It is punishable by up to 10 years in DOC or up to one
year in county jail. A domestic battery which is done with a firearm is
punishable by up to life in prison.
-21 O.S. § 650 to include federal peace officers, and to increase the maximum
punishment to life in prison and/or a fine of up to $1,000. This also adds a
new crime of committing aggravated assault and battery on a Peace Officer
which results in maiming. Punishment is 5 years to life and/or a fine of up to
$5,000.
-21 O.S. § 759 to increase the penalty for maiming to up to life imprisonment
and/or a fine of up to $1,000.
-21 O.S. § 1105 to include ‘domestic assault and battery or domestic assault
and battery with a deadly weapon’ to the list of crimes for which a Peace
Officer may not release a person before the arrestee appears before a judge.
TITLE 22
CRIMINAL PROCEDURE
HB 1672 (effective November 1, 2011) amends 22 O.S. § 471.6 to provide that, when
the judge of a drug court enters a stay against a DPS suspension or revocation of the
drivers license of a drug court participant, the time period set in the DPS order
continues to run during the stay.
HB 1358 (effective November 1, 2011) amends 22 O.S. § 60.4 to make Victims
Protective Orders issued against a person who is incarcerated ‘remain in full force
and effect during the period of incarceration’. The term of incarceration is not
included in the calculation of the three-year time limitation.
TITLE 47
MOTOR VEHICLES
HB 1061 (effective November 1, 2011) amends 47 O.S. § 12-229 to provide that rear
facing flashing red and blue lights may be used on vehicles used by ‘Oklahoma
Department of Transportation, the Oklahoma Turnpike Authority, or by any county
when engaged in the performance of emergency work or on the construction or
maintenance of highways’.
HB 1507 (effective November 1, 2011) amends 47 O.S. § 6-205 to add the following
grounds for revocation of a driver’s license:
-Operating a hired bus or limousine while transporting persons under
21 who are in possession of alcohol or low-point beer
-Reckless driving ‘without regard for the safety of others’
-Failure to obey a traffic control device when such failure results in
great bodily injury to any other person
-Failure to stop or remain stopped for a school bus loading or
unloading children
This bill also amends 47 O.S. § 11-903 to provide that negligent homicide as
result of motor vehicle use is a misdemeanor, and that the court is to order the
driver to attend a ‘driver improvement or defensive driving course’.
SB 126 (effective November 1, 2011) amends 47 O.S. § 11-702 to clarify that any bus,
‘whether occupied or unoccupied by passengers’ must stop within 50 feet (but not
closer than 15 feet) of a railroad crossing, and the driver must ‘listen and look in
each direction along the tracks for an approaching train, and ascertain that no train
is approaching’. The driver is not allowed to change gears while crossing the tracks.
SB 95 (effective November 1, 2011) amends 47 O.S. § 14-111, which exempts a
person hauling livestock, (not for commercial purposes) from the weight limit
provisions. This amendment removes the requirement that the person have the
words ‘not for hire’ on the vehicle.
SB 200 (effective November 1, 2011) amends 47 O.S. § 1135.3 to provide for some
new special license plates (!). The new ones include:
- Ovarian cancer awareness
-BMW Car Club of America
-Deer Creek School District
-Don’t Tread on Me
SB 325 (effective November 1, 2011) amends 47 O.S. § 1102 and § 11-1117 to clarify
some motor vehicle definitions:
a. A ‘Recreational off-highway vehicle’ is manufactured and used exclusively
for off-highway use, traveling on four or more non-highway tires, having
non-straddle seating and steered by a steering wheel.
b. An ‘All-terrain vehicle’ is manufactured and used exclusively for off-highway
use, traveling on four or more ‘non-highway’ tires, and having a seat
designed to be straddled, and handlebars for steering.
SB 443 (effective November 1, 2011) amends 47 O.S. § 6-110 to require that the
drivers license examination include testing of the applicant’s knowledge of bicycle
and motorcycle safety.
SB 499 (effective November 1, 2011) amends 47 O.S. § 14-118 to increase the
maximum speed limit for ‘special mobilized machinery’ from 50 mph to 60 mph.
HB 1676 (effective November 1, 2011) makes several changes related to the
Department of Public Safety. These include:
a. Amends 27A O.S. § 2-9-104 to provide that the use of radiation sources by
���public safety bomb squads’ is not covered by the rules that apply to other
radiation sources.
b. Amends 47 O.S. § 2-122 to allow DPS to receive funds from state agencies,
state and local agency employees, and from rental for use of ‘other training
facilities’ of DPS.
c. Amends 47 O.S. § 2-143 to permit DPS to purchase, equip, and maintain
vehicles for ‘any other purpose related to the duties’ of DPS.
d. Amends 47 O.S. § 10-113 to require DPS to ‘make available’ forms for
accident reports to the appropriate agencies.
e. Amends 47 O.S. § 11-1112 to provide an exception to the requirement that a
child use a seat belt or other restraint. A child with a medical condition does
not have to use restraints if there is ‘written documentation from a physician’.
Also, the portion of the statute that allows an Officer to stop a vehicle for a
violation to give a warning is repealed.
f. Amends 47 O.S. § 752 to make the costs of collection of ‘blood, saliva, or urine
specimens’, as a result a DUI or similar charge, a court cost upon conviction.
SB 38 (effective November 1, 2011) amends 47 O.S. § 1102 and § 1105 to define a
new classification of motor vehicles. A ‘rebodied vehicle’ is one which has been
assembled using a ‘new body or new major component which is of the identical type
as the original vehicle and is licensed by the manufacturer’. A ‘new body or new
major component’ includes a new body, cab, frame, frond end clip, or rear end clip.
HB 1520 (effective November 1, 2011) amends 47 O.S. § 7-606 (proof of insurance).
This amendment allows a person to present proof of liability coverage and have the
case dismissed without costs if the coverage was in ‘force at the time of the alleged
offense’. Proof must be presented no later than the business day preceding the first
scheduled court appearance date.
HB 1743 (effective November 1, 2011) enacts a new law to be codified at 47 O.S. §
966, to be known as the ‘Nonconsensual Towing Act of 2011’. This law establishes a
comprehensive scheme to govern the transportation of a vehicle without the consent
of knowledge of the vehicles’ owner ‘or any other person in possession of or in
charge of’ the vehicle. This includes the towing of the vehicle for the public interest
including ‘by any law enforcement officer’ as a result of abandonment or
unauthorized parking. The Corporation Commission is given the power to
establish rates and adjudicate disputes and discipline tow companies who violate
the act. Several sections in Title 47 are amended to effect these changes.
SB 529 (effective November 1, 2011) amends some sections related to DUI offenses:
-47 O.S. § 6-111 to require the words ‘Interlock required’ on the driver’s
license of a person subject to an ordered interlock device.
-47 O.S. § 6-205.1 to require an interlock device even if a modification of
revocation is made.
HB 1319 (effective November 1, 2011) amends 47 O.S. § 11-902 to provide than a
witness who is ‘qualified by knowledge, skill, experience, training, or education’
may testify in the form of an opinion ‘solely on the issue of impairment, but not on
the issue of specific alcohol concentration level’ based on SFST’s. A DRE may testify
to impairment and to the ‘category’ of the impairing substance if relevant. This bill
also increases punishment for subsequent DUI offenses.
TITLE 76
TORTS
SB 494 (see also, in Title 21) (effective November 1, 2011) enacts a new law to be
codified at 76 O.S. § 80 which affects tort liability of a land owner. This law repeats
the common-law rule that a land owner owes no legal ‘duty’ to a trespasser, but also
codifies several exceptions:
a. A land owner who knows or reasonably should know of a trespasser’s
presence has a duty not to injure that trespasser by a ‘wanton or intentional
act’
b. A land owner may be liable for injury to a ‘child trespasser’ from a ‘highly
dangerous artificial condition on the land’ if:
-The land owner knew or had reason to know that children were likely
to trespass at the location
-The condition is one ‘unusually attractive to children’ and posed an
‘unreasonable risk of death or serious bodily harm’
-The injured child was ‘attracted’ by the condition
-The child lacked the ability to appreciate the risk
-The ‘utility to the possessor of maintain the condition and the burden
of eliminating the danger were slight’ compared to the risk
-A child under age 7 has no ability to appreciate the risk. A child
between 7 and 14 is ‘presumed to lack the ability to appreciate the risk’,
but this presumption may be overcome by evidence.
TITLE 43A
MENTAL HEALTH
HB 1271 (effective November 1, 2011) amends 43A O.S. § 1-103 in several ways:
a. Expands the definition of ‘person requiring treatment’ to include those who:
a. Pose a substantial risk of immediate physical harm to self or others ‘as
manifested by evidence’
b. Have placed another person in fear of violent behavior or serious
physical harm.
c. Are in a condition of ‘severe deterioration’ with a substantial risk of
severe impairment or injury
d. Are unable to provide for their own basic physical needs
b. Allows the use of the ‘mental health or substance abuse history’ of the person
in making the evaluation. This cannot be the ‘sole basis’ for the
determination.
c. Amends 43A O.S. § 5-410 to allow a petition for a court action to be filed by a
‘treatment advocate’.
TITLE 70
SCHOOLS
SB 131 (effective November 1, 2011) amends 70 O.S. § 3311 to allow CLEET to
investigate, in certain cases, Peace Officers who resign while under investigation by
their department, pursuant to the Administrative Procedures Act.
SB 157 (effective November 1, 2011) amends 70 O.S. § 3311 to allow CLEET to
require an MMPI (or equivalent) for any Peace Officer who has a break in service
exceeding five years or if the Council determines that the Peace Officer presents ‘a
danger to himself or herself, the public, or a family or household member’.
SB 408 (effective November 1, 2011) amends 70 O.S. § 3311 to allow CLEET to
charge a reinstatement fee of $150.00 to persons whose ‘certification has been
revoked, suspended, or voluntarily surrendered’, including ‘failure to comply with
mandatory and training requirements’.
SB 416 (effective November 1, 2011) amends 70 O.S. § 3311 to allow CLEET to
approve any ‘law enforcement agency or police department’ which ‘first creates or
reactivates an inactive law enforcement agency or police department’ on after
November 1, 2011. The law enforcement agency must submit, at least 60 days prior
to creation of the agency, information including:
-The need for the agency
-The funding sources (income from tickets or fines may not exceed 50% of
the total)
-‘Physical resources available to officers’
-Physical facilities including evidence room, dispatch, restrooms, and
public areas
-Published policies including
a. Use of force
b. Vehicle pursuit
c. Mental health
d. Professional conduct of officers
e. Domestic abuse
f. Response to missing persons
g. Supervision of part-time officers
h. Impartial policing
-Administrative structure of the agency
-Liability insurance
-Other information required by CLEET Rules.
CLEET is to respond within 60 days of receipt of the completed application. If
denied, appeal may be made to the full Council, which may authorize the agency,
confirm the Director’s denial of the agency, or request additional information.
SB 567 (effective January 1, 2012) amends 70 O.S. § 3311.5 to require CLEET to
include in the required course of study a minimum of 8 hours of ‘evidence-based
domestic violence and stalking investigation training’. A portion of the training is to
include instruction presented by ‘an expert victim advocate’ selected from
recommendations provided by the A.G. or the Oklahoma Domestic Violence Fatality
Review Board. This training is also to be made part of the continuing education
program for Officers that have already completed basic training.
HB 1586 (effective November 1, 2011) amends 70 O.S. § 821.82 to broaden the
definition of ‘Athletic Agent’ and to increase the penalties for a violation.
SB 59 (effective July 1, 2011) amends 70 O.S. § 5-142 to provide that ‘any person
employed as a full-time teacher by a school district in this state’ in the five years
preceding the application for ‘employment as a substitute teacher’ is not required to
have a background check, if the teacher produces (1) a criminal history record check
completed within the preceding five years and (2) a letter from the school district in
which the teacher was last employed stating that the teacher ‘left in good standing’.
SB 252 (effective July 1, 2011) amends 70 O.S. § 5-142 to allow a board of education
to ‘choose not to require a record check’ if the person was employed by the school
district during the previous school year.
HB 1418(effective July 1, 2011) amends 70 O.S. § 5-142 to clarify the definition of
‘prospective employee’ and allows the employment of a prospective employee for
up to 60 days pending receipt of the criminal history record check.
SB 12 (effective November 1, 2011) amends 70 O.S. § 5-142 to clarify that required
background checks do not apply to ‘technology center employees hired on a part-time
or temporary basis for the instruction of adult students only’.
TITLE 59
PROFESSIONS AND OCCUPATIONS
SB 263 (effective November 1, 2011) amends 59 O.S. § 1750.3 to allow CLEET to
require up to 24 hours of continuing education for security guards and private
investigators during the ‘licensing period’. This still averages 8 hours per year.
SB 299 (effective November 1, 2011) amends 59 O.S. 161.6 concerning
investigations of licensed chiropractors. An investigator hired by the Board of
Chiropractic Examiners must be certified as a Peace Officer by CLEET and will have
statewide jurisdiction for purposes of these investigations.
TITLE 4
ANIMALS
HB 1249 (effective November 1, 2011) amends 4 O.S. § 268 to remove ‘persons in
the sole process of retrieving their domestic livestock or other animals’ from the
exceptions to the Trespass statute.
TITLE 29
GAME AND FISH
HB 1474 (effective November 1, 2011) amends 29 O.S. § 7-209 to increase the
penalty for trespass on a deer farm or a licensed ‘commercial hunting area’ from
$250 to $1,500.
HB 1347 (effective November 1, 2011) enacts a new law to be codified at 29 O.S. §
9-111 et seq. Known as the ‘Wildlife Bail Procedure Act’, it makes several changes in
handling of violations of the Oklahoma Wildlife Conservation Code:
29 O.S. § 9-112 – ‘any person arrested for a violation of any section’ of the
Code:
-for a misdemeanor and the person is not taken into custody, written citation
with notice to appear; name and address of the violator; the offense charged;
time and place to appear in court; and ‘any other pertinent information’
-if properly completed and signed and filed, the citation is considered a
‘lawful complaint for the purpose of prosecution’
-the violator must appear in person, or by counsel, for arraignment at the date
and time specified
-arraignment is before a judge in the district court in the county which has
jurisdiction
-violator must sign ‘at least one copy’ of the citation, and be given a copy
-violator is not to be taken into custody if:
-is a resident OR
-a nonresident, but from a state within the Interstate Compact
-the Officer is satisfied as to the identity and certifies the date, time, and
location of the violation
-violator acknowledges the written promise to appear
-the violation is not for hunting or fishing while a license is under
suspension, revocation, denial, or cancellation, and the violator is not
the subject of an arrest warrant
-violator may post bond in the ‘amount of the minimum bond’ if the violation
carries a ‘minimum fine of $50 or less’ and violator signs a plea on the back of
the citation. If this is done the violator is not required to appear for
arraignment
-if restitution is required the violator is required to appear before the court.
-failure to appear or otherwise comply is punishable by a fine of $25 to $100,
in addition to the original charge. The court may issue a bench warrant on
application by the District Attorney. In addition, the Department may begin
procedures to forfeit or suspend ‘any license, permit, stamp, or other issue of
the Department held by the person’
Repeals 29 O.S. § 9-101 (posting of cash bail for violations of the Code)
Repeals 29 O.S. § 9-102 (application for duplicate license while the original
license is posted in lieu of cash bond)
Repeals 29 O.S. § 9-103 (return of drivers license deposited in lieu of cash
bail)
Repeals 29 O.S. § 9-104 (details of procedure on failure to appear)
Repeals 29 O.S. § 9-105 (forfeiture of bond on plea of guilty)
HB 1338 (effective November 1, 2011) amends 29 O.S. § 4-112A to require that
persons under 10 years old, ‘when hunting big game’ and ‘regardless of hunter
safety certification’ must be accompanied by a person 18 years or older who
‘possesses a certificate of hunter safety or is exempt from the hunter safety
certification requirements’. This person must be within arm’s length or close
enough to ‘immediately take control of the firearm or archery equipment’ of the
apprentice hunter. This amendment also lowers the upper age for required safety
classes from 35 to 30 years old.
SB 828 (effective November 1, 2011) amends a couple of statutes:
-Amends 29 O.S. § 7-209 to include shooting from or across a public road,
highway, or railroad right-of-way onto a commercial hunting area as a
prohibited act.
-Amends 29 O.S. § 5-204 to increase the punishment for shooting from a
road to a fine of up to $1,500 and/or imprisonment of up to 30 days. A
second or subsequent offense is punishable by a fine of up to $2,500
and/or imprisonment for up to 30 days.
HB 1339 (effective January 1, 2013) enacts a new law to be codified at 29 O.S. § 4-
203 which requires dealers who issue hunting or fishing licenses to do so by means
of ‘an electronic point of sale system’.
TITLE 63
PUBLIC HEALTH AND SAFETY
HB 1798 (effective November 1, 2011) amends 63 O.S. § 2-509 to provide that it is
unlawful to manufacture or attempt to manufacture any CDS by ‘cooking, burning,
or extracting and converting’ marihuana into hashish.
SB 179 (effective November 1, 2011) amends 63 O.S. § 2-101.2 to modify the
prohibition on selling glass tubes (passed in 2010). This amendment provides an
exception that makes it lawful to sell ‘cigars packaged by the manufacturer in
containers or tubes made of glass’ so long as the purpose is to ‘facilitate the sale’ of
the cigar and not ‘for another purpose’.
SB 324 (effective July 1, 2011) makes a few changes related to boats:
a. amends 63 O.S. § 4210 to remove the prohibition against allowing a child
under 12 years old to operate certain boats.
b. enacts a new law to be codified at 63 O.S. 4210.9 which is essentially an
‘implied consent’ law for boats.
c. Amends 63 O.S. § 4210.8 to lower the blood or breath alcohol concentration to
0.08.
SB 679 (effective November 1, 2011) amends 63 O.S. § 1-1950.3 to allow a ‘certified
medication aide’ to distribute medications in a county or municipal jail.
TITLE 37
INTOXICATING LIQUORS
HB 1211 (effective November 1, 2011) amends 37 O.S. 8.2 to include ‘low-point
beer’ in the statute prohibiting a person from permitting a person under 21 to
consume alcoholic beverages. Punishment for a violation is set at a fine of up to
$500. A second violation within 10 years is punishable by a fine of up to $1,000. A
third violation within 10 years is punishable by a fine of up to $2,500 and/or
imprisonment of up to 5 years. In addition, 37 O.S. § 241 and § 246 are amended to
allow a city or town to enact ordinances for this violation, so long as the ordinance is
consistent with State law.
TITLE 10
CHILDREN
HB 1606 (effective November 1, 2011) amends 10 O.S. § 7800 to provide that a child
born out of wedlock is presumed to be in the custody of the mother until
‘determined otherwise by a court of competent jurisdiction’.
SB 674 (effective November 1, 2011) amends 10 O.S. § 404.1 to address background
checks on any person ‘making application to establish or operate a child care
facility’. After November 1, 2013, persons making application for a child facility,
and employees, must have an OSCN search, a child care registry search, and a
national history records search. The background check is not required for ‘parent
volunteers who transport children on an irregular basis’.
TITLE 19
COUNTIES AND COUNTY OFFICERS
SB 54 (effective November 1, 2011) amends 19 O.S. § 215.2 to require that an
elected District Attorney must have been a registered voter in the district and
residing in the district for at least 6 months immediately preceding the filing date.
SB 162 (effective November 1, 2011) amends 19 O.S. § 215.29 and § 215.35A to
allow a retired District Attorney to carry a firearm, and to allow a retired District
Attorney Investigator to retain his or her badge and firearm.
TITLE 74
STATE GOVERNMENT
SB 666 (effective November 1, 2011) amends 74 O.S. § 840-2.20 to provide that State
employees who are Municipal Reserve Officers or Reserve Deputies and ‘miss work
in performing their duties in cases of emergency’ do not have to use ‘any accrued
leave or need to make up any time’ due to the performance of those duties.
SB 363 (effective November 1, 2011) amends 74 O.S. § 320 to prohibit the State Fire
Marshal from engaging in any other business ‘that may be a conflict of interest with
the duties of the State Fire Marshal’.
SB 895 (effective November 1, 2011) enacts a new law to be codified at 74 O.S. §
150.13A which allows OSBI to appoint special officers (no more than 20) to have
‘enforcement authority related to the larceny of oil field equipment’. These ‘Special
Investigators’ are not compensated, and must enter into a bond for $500,000.
TITLE 57
PRISONS AND REFORMATORIES
SB 180 (effective November 1, 2011) amends 57 O.S. § 627 to permit DOC to
contract with health care providers for health care for inmates ‘which is beyond the
professional capabilities’ of DOC.
SB 282 (effective November 1, 2011) amends 57 O.S. § 584 to cover persons who
have ‘an out-of-state conviction that requires registration’. These persons must
supply a certified copy of the Judgment and Sentence from the other State, and must
keep officials notified of their residence.
SB 582 (effective July 1, 2012) amends 57 O.S. § 590.1 to define housing units for
registered sex offenders. A ‘multi-unit structure’ as one with multiple residential
units that provide independent living facilities for ‘living, sleeping, cooking, eating,
and sanitation within each individual unit’. Manufactured homes, mobile homes,
trailers, and R.V.’s that do not meet the descriptions of this paragraph are not
considered ‘multi unit’ structures.
TITLE 11
CITIES AND TOWNS
SB 160 (effective November 1, 2011) enacts a new law to be codified at 11 O.S. §
22-161, known as the ‘Municipal Motor Vehicle Racing Act’. This allows a
municipality of public trust to conduct a racing event within the limits of the
municipality. A permit from the municipality is required. The applicant must
satisfy the municipality of:
a. Adequate insurance
b. Demonstrated experience in conducting such an event
c. Adequate security and necessary facilities
d. Adequate safety measures.
e. The ability to restore the racing event area to its original condition.
SB 347 (effective November 1, 2011) enacts a new law to be codified at 11 O.S. § 1-
110. This law affects, among others, any municipal employee who is a member of
‘the Oklahoma Firefighters Pension and Retirement System, the Oklahoma Police
Pension and Retirement System, or the Oklahoma Public Employees Retirement
System. Any such person who is convicted of (or enters a plea of guilty or no
contest to) a felony for ‘bribery, corruption, forgery, or perjury, or any other crime
related to the duties of his or her office or employment’ will forfeit any retirement
benefits. The forfeiture does not apply to a deferred sentence, but benefits cannot
commence prior to completion of the deferred sentence.
TITLE 69
ROADS, BRIDGES, AND FERRIES
SB 304 (effective November 1, 2011) enacts a new law to be codified at 69 O.S. §
1698.93 which designates the southbound bridge on US 277 / US 281 as the
‘President George W. Bush Bridge’.
TITLE 3A
AMUSEMENTS AND SPORTS
HB 1321 (effective November 1, 2011) amends 3A O.S. § 709 to prohibit the use of
children under the age of 18 in any ‘advertisement or promotion’ of the State
Lottery.
TITLE 68
REVENUE AND TAXATION
HB 1634 (effective July 1, 2011) amends 68 O.S. § 1503 to reduce the annual fee for a
coin-operated ‘music device or coin-operated amusement device’ or for a ‘coin-operated
vending device’ from $150 to $75.
TITLE 25
DEFINITIONS AND GENERAL PROVISIONS
SB 73 (effective November 1, 2011) enacts a new law to be codified at 25 O.S. §
94.11. This law makes the song ‘Swing Low, Sweet Chariot’ the official state gospel
song. The bill notes that the song was composed by “Wallis Willis, a Choctaw
freedman living in Indian Territory before 1862’. The official lyrics are set out in
the statute and on the last page of this update.
HB 1511 (effective November 1, 2011) enacts a new law to be codified at 25 O.S. §
90.20 naming the twenty-eighth day of June of each year ‘Second Amendment Day’.
This date was chosen to commemorate the date that the U.S. Supreme Court
declared that the provisions set out in the Second Amendment are fully applicable to
the States.
Swing low, sweet chariot,
Coming for to carry me home,
Swing low, sweet chariot;
Comin’ for to carry me home.
I looked over Jordan, and what did I see,
Comin’ for to carry me home,
A band of angels comin’ after me,
Comin’ for to carry me home.
Swing low, sweet chariot,
Comin’ for to carry me home,
Swing low, sweet chariot,
Comin’ for to carry me home.
If you get there before I do,
Comin’ for to carry me home,
Tell all my friends I’m comin’ too,
Comin’ for to carry me home.
Swing low, sweet chariot,
Comin’ for to carry me home,
Swing low, sweet chariot,
Comin’ for to carry me home.
I’m sometimes up and sometimes down,
Comin’ for to carry me home,
But still my soul feels heavenly bound,
Comin’ for to carry me home.
Swing low, sweet chariot,
Comin’ for to carry me home,
Swing low, sweet chariot,
Comin’ for to carry me home.
The brightest day that I can say,
Comin’ for to carry me home,
When Jesus washed my sins away,
Comin’ for to carry me home.
Swing low, sweet chariot,
Comin’ for to carry me home,
Swing low, sweet chariot,
Comin’ for to carry me home.